SUFFOLK WATER v. DOW CHEM CO

No. 24852-2010

44 Misc.3d 569 (2014)

987 N.Y.S.2d 819

2014 NY Slip Op 24155

SUFFOLK COUNTY WATER AUTHORITY, Plaintiff, v. THE DOW CHEMICAL COMPANY et al., Defendants.

Supreme Court, Suffolk County.

Decided June 16, 2014.


Attorney(s) appearing for the Case

King & Spalding LLP, San Francisco, California ( Gennaro A. Filice III and Richard V. Normington of counsel), and Orrick, Herrington & Sutcliffe LLP, New York City ( John L. Ewald of counsel), for The Dow Chemical Company, defendant.

Beveridge & Diamond, PC, New York City ( Paula J. Schauwecker , Mark A. Turco and Laura J. Brown of counsel), for Axiall Corporation, Successor in Interest to PPG Industries, Inc., defendant.

Fulbright & Jaworski, LLP, New York City ( Stephen C. Dillard , James H. Neale and Felice B. Galant of counsel), for Legacy Vulcan Corp., Formerly Known as Vulcan Materials Company, defendant.

Hicks Thomas LLP, Houston, Texas ( Taylor M. Hicks and John B. Thomas of counsel), and Bleakley Platt & Schmidt, LLP, White Plains ( William Harrington of counsel), for R.R. Street & Co. Inc., defendant.

Weitz & Luxenberg, New York City ( William A. Walsh of counsel), and Baron & Budd, PC, Dallas, Texas ( Carla Burke of counsel), for plaintiff.


OPINION OF THE COURT

EMILY PINES, J.

Defendants, The Dow Chemical Company (Dow), sued in this case as a manufacturer of perchloroethylene (perc or PCE), and R.R. Street & Co. (Street), sued as an exclusive distributor of perc and as a manufacturer of a perc-containing product, move to dismiss the plaintiff Suffolk County Water Authority's (SCWA) complaint, as amended, pursuant to CPLR 3211 (a) (7) or for alternative relief under CPLR 3211 (c). The SCWA...

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